Change h1 to EAD...Please suggest

[siresha123]

Hi,

I came to US on H4 status & got expired on 30 dec2006.
Got h1 30oct,2006 valid upto sep30,2009(3more yr ext for h1). I am still on h1..looking for projects.
I have received EAD & AP thru my spouse on oct16,2007 upto oct15,2008.
Spouse I-140 & 485 is still pending. Planning to start my EAD.

Please advice me with foll "Q's....

1. Will it be advisable to start my EAD? With almost 4yrs of my h1b visa left?
2. Will use of my EAD will create any obstacle to my spouse GreenCard process with his I-140 & 485 still pending?
3. Is it safe to travel India with in 2months after using my EAD?
4. Incase my spouse I-140 gets rejected & I am using EAD. What will be my next status? Can I come back to H1 directly or Do I need to start whole process again?

Your advice will be appreciable ,Thanks

[txh1b]

You need to clarify what you mean by..You are still on H1, looking for projects.

A H1b holder is out of status without a paystub and will cause you problems during your GC processing if you have been out of status for so long, especially since Oct 2006.

1. Without your paystubs, you were out of status on H1b and became a parolee as soon as your I485 was applied. However, approval of your 485 will be tough with your out of status issue and you need to consult an attorney.
2. No
3. It is as safe as it can be. But due to your out of status on H1b, if you come back in as a parolee, you may not be able to invoke 245k even if you qualified. Your case is complicated than you think it is, if my assumption that you were not getting paid on H1b is correct.
4. You need to immediately file COS to H4 if your spouse is on H1b. Else both of you are out of status.

[siresha123]

Thanks for quick reply

Thanks a lot Txh1b..

I think there is some misconception...

After I got H1 on oct2006. I started working on projects. Recently on april 1,2008 my project got over. For a break I visited india on H1b visa status. I am back to US last week only. So looking for next project. Though is it ok to use my EAD this time for work instead of H1b?

1. one month without paystub will also create any problem in GC process to my spouse & to me?

[txh1b]

You are fine. You can use your EAD or get paid on H1b to maintain your H1b status continuously now.

Your initial post gave me a feeling you have been on H1b since Oct 2006 without a project.